The FCA remained very active in merger control in 2019 with more than 250 cases (versus 235 in 2018). None of the authorised transactions were subject to a Phase 2 investigation, but parties had to offer remedies in several cases (ten, within which six involved divestments and five involved licence agreements). The FCA nevertheless opened several Phase 2 investigations, the outcome of which should be known in 2020.

The FCA also reviewed the remedies offered by undertakings in two significant past mergers in the media sector, such as in the:

• SFR/Altice case, in which the FCA did not renew the commitments (cable network access, DOLL and dark fibre, cable offers in post offices) taken by SFR in the context of its 2014 acquisition of Numericable (October).
• Canal+ International/Mediaserv case, in which certain conditions imposed on Canal+ International as part of its 2014 takeover of Mediaserv have been extended for five additional years (equal treatment of Canal+ Telecom and other internet service providers), while others have been eased (discounted offers combining Internet Canal+ International TV offers became possible and table pricing for Ciné + were dropped) due to changes in the competitive landscape in the overseas markets (February).

A notable antitrust case in 2019 concerned interim measures imposed on Google (different case than the sanction decision of December) by the FCA in which the latter insisted that Google Ads’ commercial terms (referencing payment terms and conditions for suspending accounts) should be more transparent (January).

The FCA also continued to pursue procedural breaches and imposed its first fine for breach of a seal affixed on AKKA Group’s premises (IT sector) during a dawn raid. AKKA was also fined for having diverted incoming e-mails during the dawn raid (€900,000, May).

The FCA made several unannounced inspections at the premises of undertakings active in the transport sector in the French overseas departments.

Finally, the FCA also had a very active advisory role in 2019 with the publication of no less than 18 opinions (versus 16 in 2018) targeting the healthcare, energy and transport sectors, which remain under constant scrutiny in France.

In response to companies’ growing demand for a less burdensome merger notification process, the FCA modernised and simplified its procedures. Starting April, the FCA reduced the amount of data to be provided by companies and formal filing requirements.

The FCA also published its draft revised merger control guidelines and is still examining a possible ex post merger control regime or a regime in which the FCA imposes disclosure requirements on some market players in certain key markets even where the current turnover thresholds are not met (e.g. killer acquisitions in the tech, health and media industries). The FCA also allowed certain concentrations to be filed online (demarches-simplifiees.fr).

Following the European Commission’s (“Commission”) prohibition of the Siemens/Alstom merger (February), the French and German governments published a joint statement criticising the Commission’s lack of consideration of the European industrial policy objectives when reviewing the merger. This sparked a reflection on how competition law can foster European industrial and digital policy at political level. The FCA is not part of this initiative.